CALVARY HEALTH CARE TASMANIA NURSING STAFF ENTERPRISE AGREEMENT 2020
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CALVARY HEALTH CARE TASMANIA
NURSING STAFF
ENTERPRISE AGREEMENT
2020ENTERPRISE AGREEMENT
1. ARRANGEMENT
The Agreement is arranged as follows:
Subject Matter Page No.
1. ARRANGEMENT............................................................................................................................ 2
Part 1 – Application and Operation ........................................................................................................... 4
2. NAME OF THE AGREEMENT ....................................................................................................... 4
3. DEFINITIONS ................................................................................................................................. 4
4. COVERAGE ................................................................................................................................... 6
5. SCOPE OF THE AGREEMENT ..................................................................................................... 6
6. DATE AND PERIOD OF OPERATION .......................................................................................... 6
7. RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS ................................................... 6
8. FLEXIBILITY ARRANGEMENT...................................................................................................... 7
9. FLEXIBLE WORKING ARRANGEMENTS ..................................................................................... 8
Part 2 – Consultation and Dispute Resolution........................................................................................... 8
10. CONSULTATION REGARDING CHANGE .................................................................................... 8
11. DISPUTE RESOLUTION PROCEDURE...................................................................................... 10
Part 3 – The Employment Relationship ................................................................................................... 11
12. EMPLOYMENT CATEGORIES AND CONTRACT OF EMPLOYMENT ...................................... 11
13. EMPLOYMENT CATEGORIES .................................................................................................... 11
14. STAFFING LEVELS ..................................................................................................................... 13
Part 4 – Hours of Work and Rostering .................................................................................................... 14
15. HOURS OF WORK ...................................................................................................................... 14
16. ROSTERS .................................................................................................................................... 16
17. 12 HOUR SHIFT ROSTER ARRANGEMENTS ........................................................................... 17
18. SHIFT WORK ............................................................................................................................... 17
19. SATURDAY AND SUNDAY WORK ............................................................................................. 18
20. BREAKS ....................................................................................................................................... 18
21. OVERTIME ................................................................................................................................... 19
22. OVERTIME MEAL ........................................................................................................................ 20
23. CALL ARRANGEMENTS ............................................................................................................. 21
Part 5 – Wages and Related Matters ...................................................................................................... 22
24. WAGES ........................................................................................................................................ 22
25. PAYMENT OF WAGES ................................................................................................................ 22
26. OVERPAYMENTS........................................................................................................................ 23
27. UNDERPAYMENTS ..................................................................................................................... 23
28. SUPERANNUATION .................................................................................................................... 23
29. SALARY SACRIFICE/ PACKAGING ARRANGEMENT ............................................................... 24
30. HIGHER DUTIES ........................................................................................................................ 26
31. IN CHARGE ALLOWANCE .......................................................................................................... 26
32. MEAL ALLOWANCE .................................................................................................................... 26
33. POST GRADUATE ALLOWANCE ............................................................................................... 26
34. PRECEPTOR ALLOWANCE........................................................................................................ 27
35. TRAVELLING AND FARES.......................................................................................................... 27
36. UNIFORMS AND PROTECTIVE CLOTHING .............................................................................. 27
37. LEAD APRON ALLOWANCE ....................................................................................................... 27
38. ENROLLED NURSE ADVANCED DIPLOMA ALLOWANCE ....................................................... 27
Part 5 - Leave and Public Holidays ......................................................................................................... 27
39. ANNUAL LEAVE .......................................................................................................................... 27
40. PERSONAL/CARER’S LEAVE..................................................................................................... 31
41. COMPASSIONATE LEAVE.......................................................................................................... 33
42. PUBLIC HOLIDAYS ..................................................................................................................... 33
43. PARENTAL LEAVE ...................................................................................................................... 35
44. LONG SERVICE LEAVE .............................................................................................................. 38
45. PROFESSIONAL DEVELOPMENT ............................................................................................. 38
246. MANDATORY TRAINING ............................................................................................................ 38
47. REPRESENTATIVES LEAVE ...................................................................................................... 39
48. CEREMONIAL LEAVE ................................................................................................................. 39
49. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE.................................................. 39
50. EMERGENCY SERVICES LEAVE............................................................................................... 41
Part 6 – Ending Employment................................................................................................................... 42
51. REDUNDANCY ............................................................................................................................ 42
52. TERMINATION OF EMPLOYMENT............................................................................................. 44
SCHEDULE 1: ROSTERING ARRANGEMENTS THEATRE AND ENDOSCOPY ............................ 49
SCHEDULE 2: WAGES SCHEDULE.................................................................................................. 53
SCHEDULE 3: CLASSIFICATIONS .................................................................................................... 57
SCHEDULE 4 PRINCIPLES FOR WORKLOAD MANAGEMENT ..................................................... 59
3Part 1 – Application and Operation
2. NAME OF THE AGREEMENT
This agreement shall be known as the Calvary Health Care Tasmania Nursing Staff
Enterprise Agreement 2020 (“the Agreement”).
3. DEFINITIONS
In this Agreement, unless the contrary intention appears:
“Afternoon shift” means any shift terminating between 6.00pm and 11.30pm.
“Agreement” means the Calvary Health Care Tasmania Nursing Staff Enterprise
Agreement 2020.
“ANMF” means the Australian Nursing and Midwifery Federation (Tasmanian
Branch)
“Casual Employee” means a person who either relieves a full-time or part-time
Employee; or is engaged on an irregular basis for specific duties.
“Clinical unit” means an area of nursing practice, as agreed between the parties,
and without limiting the foregoing shall include a ward, area or place of nursing
practice with a patient/client population.
“Day shift” means a shift worked between the hours of 6.00am and 6.00pm but
does not include an Employee working on Saturday or Sunday.
“Day worker” means an Employee whose weekly ordinary hours of work are
performed between the period of 6.00am and 6.00pm on the days Monday to Friday
inclusive.
“Employer” means Calvary Health Care Tasmania Ltd (ABN 291 299 267 90)
“Employee” means nursing Employees employed by the Employer in the
classifications listed at Schedule A and employed in the Tasmanian Facilities as
listed in Appendix C
“Executive staff” means Director of Clinical Services.
“Full-time Employee” means a person engaged to work for 38 ordinary hours per
week in accordance with clause 13(a).
“FWC” means the Fair Work Commission, the statutory body established under the
Fair Work Act or any successor organisation established under Commonwealth
legislation which performs the functions of conciliation and arbitration.
“HACSU” means the Health Services Union Tasmania Branch
“Management unit” means for the purpose of these definitions a grouping of units
as determined by the Employer.
“Night shift” means a shift that is not day work, or a day or afternoon shift.
“NES” means National Employment Standards.
4“Ordinary rate ” means the base rate of pay for the Employee’s classification as set
out at Schedule 2 of the Agreement, but does not include overtime penalty rates,
allowances, loadings, shift penalties, incentives, bonuses and other ancillary
payments of a like nature. Notwithstanding the exclusion of allowances, the Ordinary
rate does include any post graduate allowance payable to an Employee in
accordance with clause 33 of this Agreement.
“Part-time Employee” means an Employee, other than a full-time Employee or
casual Employee, engaged to work regularly in each pay period for less hours than
an equivalently classified full-time Employee.
“Part-time shift worker” means a part-time Employee who holds a position on a
roster.
“Roster” means a documented arrangement setting out clearly the names of the
Employees required to work in accordance with such roster, the days, dates and
hours during which each Employee is required to attend for duty.
“Shift worker” means an Employee other than a day worker.
“Superannuation Law” means any requirement under the Superannuation Industry
(Supervision) Act 1993 (Cth), Superannuation Industry (Supervision) Regulations
1994 (Cth), Superannuation Guarantee (Administration) Act 1992 (Cth),
Superannuation Guarantee (Administration) Regulations 1993 (Cth),
Superannuation Guarantee Charge Act 1992 (Cth), and any other present or future
legislation which the Employer must comply with to satisfy its superannuation
obligations to the Employees.
“Year of service” shall mean 1976 hours of actual service in an approved
establishment, including public holidays, paid annual leave, and paid sick leave.
“Fair Work Act” shall mean the Fair Work Act 2009, as amended.
immediate family of an Employee means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling
of the Employee; or
(ii) a child, parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of a spouse or de facto partner of the Employee.
(iii) “spouse“ includes a former spouse.
(iv) de facto partner of an Employee:
(1) means a person who, although not legally married to the Employee,
lives with the Employee in a relationship as a couple on a genuine
domestic basis (whether the Employee and the person are of the
same sex or different sexes); and
(2) includes a former de facto partner of the Employee.
(v) Child means a child or an adult child (including an adopted child, a step child,
a foster child or an ex nuptial child).
54. COVERAGE
The Agreement shall cover:
Calvary Health Care Tasmania (A.B.N. 291 299 267 90), with regards to its
operations at the Lenah Valley Campus, St John’s Campus, St Luke’s Campus and
St Vincent’s Campus in the State of Tasmania (the Employer).
Nursing Employees employed by the Employer as classified in Clause 12.
This Agreement is made under section 172 of the Fair Work Act. The Employer will
take the necessary steps to seek approval of this Agreement under section 186 of
the Act.
The Employer will formally advise the ANMF and HACSU that the Agreement is
made in order for the ANMF and HACSU to apply under section 183 of the Fair Work
Act to be covered by the Agreement.
It is the intention of this Agreement that the ANMF and HACSU will be covered by
this Agreement.
5. SCOPE OF THE AGREEMENT
The Agreement contains all the terms and conditions of employment for Employees covered
by the Agreement and shall apply to nursing Employees employed by the Employer at the
hospitals listed at 4(a). .
6. DATE AND PERIOD OF OPERATION
This Agreement shall commence operation from the 7th day after the Agreement is approved
by the FWC and shall remain in force until the nominal expiry date of 1 July 2022 and
thereafter in accordance with the Fair Work Act.
The parties agree that discussions shall commence for a new agreement no later than six
months prior to the expiry date of the Agreement.
7. RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS
Entitlements in accordance with the NES are provided for under the Fair Work Act. Where
this Agreement also has provisions regarding matters dealt with under the NES and the
provisions in the NES set out in the Fair Work Act are more favourable to an Employee in a
particular respect than those provisions, then the NES will prevail in that respect and the
provisions dealing with that matter in this Agreement will have no effect in respect of that
Employee. The provisions in this Agreement otherwise apply.
68. FLEXIBILITY ARRANGEMENT
The Employer and an Employee covered by this enterprise agreement may agree to
make an individual flexibility arrangement to vary the effect of terms of the agreement
if:
(i) the agreement deals with 1 or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances;
(5) leave loading; and
(ii) the arrangement meets the genuine needs of the Employer and Employee in
relation to 1 or more of the matters mentioned in paragraph (a)(i); and
(iii) The Employer and the individual Employee must have genuinely made the
agreement without coercion or duress.
The Employer must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Fair Work Act 2009;
and
(ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(iii) result in the Employee being better off overall than the Employee would be if
no arrangement was made.
The Employer must ensure that the individual flexibility arrangement:
(i) is in writing; and
(ii) includes the name of the Employer and Employee; and
(iii) is signed by the Employer and Employee and if the Employee is under 18
years of age, signed by a parent or guardian of the Employee; and
(iv) includes details of:
(1) the terms of the enterprise agreement that will be varied by the
arrangement; and
(2) how the arrangement will vary the effect of the terms; and
(3) how the Employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement;
and
(v) states the day on which the arrangement commences.
The Employer must give the Employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
7The Employer or Employee may terminate the individual flexibility arrangement:
(i) by giving no more than 28 days written notice to the other party to the
arrangement; or
(ii) if the Employer and Employee agree in writing — at any time.
The relevant Employee may appoint a representative for the purposes of the
procedures in this term. A representative may include the ANMF and/ or the HACSU.
9. FLEXIBLE WORKING ARRANGEMENTS
The NES provides particular Employees with an entitlement to request a flexible working
arrangement. In addition to the NES, if the Employer does not agree to the Employee’s
request, the Employer must discuss the request with the Employee to better understand the
Employee’s circumstances and then the Employer must provide available counter-proposals
to the Employee in writing. Any agreed arrangement must be recorded in writing.
Part 2 – Consultation and Dispute Resolution
10. CONSULTATION REGARDING CHANGE
This term applies if the Employer:
(i) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that
is likely to have a significant effect on the Employees; or
(ii) proposes to introduce a change to the regular roster or ordinary hours of
work of Employees.
Major change
For a major change referred to in (a)(i):
(i) the Employer must notify the relevant employees of the decision to introduce
the major change; and
(ii) subclauses (c) to (i) apply.
The relevant Employees may appoint a representative for the purposes of the
procedures in this term. A representative may include the ANMF and/ or the HACSU.
If:
(i) a relevant Employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(ii) the Employee or employees advise the Employer of the identity of the
representative;
the Employer must recognise the representative.
As soon as practicable after making its decision, the Employer must:
(i) discuss with the relevant Employees:
8(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse
effect of the change on the Employees; and
(ii) for the purposes of the discussion--provide, in writing, to the relevant
employees:
(1) all relevant information about the change including the nature of the
change proposed; and
(2) information about the expected effects of the change on the
employees; and
(3) any other matters likely to affect the employees.
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant Employees.
The Employer must give prompt and genuine consideration to matters raised about
the major change by the relevant Employees.
If a term in this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the Employer,
the requirements set out in (b)(i) and subclauses (c) and (e) are taken not to apply.
In this term, a major change is likely to have a significant effect on employees if
it results in the termination of the employment of Employees; or major change to the
composition, operation or size of the Employer's workforce or to the skills required
of Employees; or the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or the alteration of hours of work; or the need
to retrain Employees; or the need to relocate employees to another workplace; or
the restructuring of jobs.
Change to regular roster or ordinary hours of work
For a change referred to in (a)(ii):
(i) the Employer must notify the relevant Employees of the proposed change;
and
(ii) subclauses (k) to (o) apply.
The relevant Employees may appoint a representative for the purposes of the
procedures in this term.
If:
(i) a relevant Employee appoints, or relevant Employees appoint, a
representative for the purposes of consultation; and
(ii) the Employee or Employees advise the Employer of the identity of the
representative;
the Employer must recognise the representative.
As soon as practicable after proposing to introduce the change, the Employer must:
9(i) discuss with the relevant Employees the introduction of the change; and
(ii) for the purposes of the discussion--provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the
change; and
(2) information about what the Employer reasonably believes will be the
effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably
believes are likely to affect the Employees; and
(iii) invite the relevant Employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant Employees.
The Employer must give prompt and genuine consideration to matters raised about
the change by the relevant Employees.
In this term:
"relevant Employees" means the Employees who may be affected by a change
referred to in (a).
11. DISPUTE RESOLUTION PROCEDURE
In the event of a dispute in relation to a matter arising under this Agreement or the
NES, in the first instance the parties will attempt to resolve the matter at the
workplace by discussions between the Employee or Employees concerned and the
relevant supervisor and, if such discussions do not resolve the dispute, by
discussions between the Employee or Employees concerned and more senior levels
of management as appropriate.
A party to the dispute may appoint another person, organisation or association to
accompany or represent them in relation to the dispute.
If a dispute in relation to a matter arising under the Agreement or the NES is unable
to be resolved at the workplace, and all agreed steps for resolving it have been taken,
the dispute may be referred to the FWC for resolution by conciliation and, where the
matter in dispute remains unresolved, arbitration.
It is a term of this Agreement that while the dispute resolution procedure is being
conducted work shall continue according to the custom and practice/ status quo
before the grievance arose unless an Employee has a reasonable concern about an
imminent risk to his or her health or safety.
If arbitration is necessary the FWC may exercise the procedural powers in relation
to hearings, witnesses, evidence and submissions which are necessary to make the
arbitration effective.
For the avoidance of doubt, Employee grievances are included in the matters to be
dealt with in accordance with the dispute resolution procedure of the Agreement.
10Part 3 – The Employment Relationship
12. EMPLOYMENT CATEGORIES AND CONTRACT OF EMPLOYMENT
Each Employee will:
be employed on either a full-time, part-time or casual basis in accordance with the
terms of this Agreement;
at the time of engagement, be informed in writing by the Employer whether they are
employed on a full-time, part-time or casual basis, shift worker or day worker and
their classification.
13. EMPLOYMENT CATEGORIES
Full-time Employees
A full-time Employee is one who is engaged to work 38 hours per week or an average of 38
hours per week pursuant to Clause 15 - Hours of Work.
Part-time Employees
(i) A part-time Employee is an Employee who is engaged to work less than an
average of 38 ordinary hours per week and whose hours of work are
reasonably predictable. Before commencing part-time employment, the
Employer and Employee will agree in writing the guaranteed minimum
number of hours to be worked and the rostering arrangements which will
apply to those hours. The terms of the agreement may be varied by
agreement and recorded in writing. The terms of this Agreement will apply
on a pro rata basis to part-time Employees on the basis that the ordinary
weekly hours for full-time Employees are 38.
(ii) Penalty rates
The penalty rates prescribed for full-time Employees for work on Saturdays,
Sundays and public holidays are applicable to part-time Employees.
(iii) Minimum work provided
Part-time Employees shall be provided with a minimum of three (3)
continuous hours work or, alternatively, paid for a minimum of three (3) hours
on each occasion they are required to attend for work.
(iv) Review of Contracted Hours
Where the Employee is regularly working more than their specified contract
hours they may request that their contracted hours are reviewed by the
Employer. The Employer will formally respond to the request by the
Employee stating the reasons if the request is not agreed to. The Employer
will not unreasonably reject the request. The Employer will also take into
account that the hours worked in the following circumstances will not be
incorporated to any adjustment made:
(1) if the increase in hours is as a direct result of an Employee being
absent on leave, such as for example, annual leave, long service
leave, maternity leave, workers compensation; and
11(2) if the increase in hours is due to a temporary increase in hours only
due, for example, to the specific needs of a patient.
Any adjusted contracted hours resulting from a review by the Employer
should however, be such as to readily reflect roster cycles and shift
configurations utilised at the Hospital.
Casual Employees
(i) Terms of engagement
(1) A casual Employee:
(A) is an Employee engaged as such on an hourly basis;
(B) as from the date the Agreement comes into operation, will be
paid a minimum of three hours pay for each shift.
(ii) Payment for ordinary time
(1) A casual Employee for working ordinary time shall be paid per hour
1/38th of the weekly rates prescribed for the work which he/she
performs plus a casual loading of 25%.
(2) The casual loading is paid instead of annual leave, paid personal
leave, public holidays not worked, notice of termination and
redundancy payments.
(iii) Payment for shift, weekend work and public holidays
(1) A casual Employee will be paid shift and weekend penalties applied
to the casual rate (inclusive of the casual loading).
(2) From the date the Agreement comes into operation a casual
Employee who works a public holiday will be paid at:
(A) Hobart Employees: the rate of double time and a half the
ordinary rate (in lieu of the casual loading) for such time
worked;
(B) Launceston Employees: the rate of 2.125% the ordinary rate
(in lieu of the casual loading) for such time worked. Effective
from the first full pay period on or after 1 July 2021 – the rate
of double time and a half the ordinary rate (in lieu of the
casual loading) for such time worked.
(3) A casual Employee will be paid overtime penalties calculated on the
ordinary rate (in lieu of the casual loading).
(iv) Notice of Work
The Employer will provide the following notice of the cancellation of a shift:
(1) For AM shifts if less than 10 hours’ notice is given, unless otherwise
agreed, a payment of 3 hours single time will be made.
(2) For PM shifts if less than 3 hours’ notice is given, unless otherwise
agreed, a payment of 3 hours single time will be made.
12(3) For Night shifts, if less than 6 hours’ notice is given, unless otherwise
agreed, a payment of 3 hours single time will be made.
(4) A Casual Employee who has their shift cancelled with less than the
requisite notice in subclause (d)(i), (ii) and (iii) and who has incurred
child care fees as a result, shall on presentation of receipts to the
Employer, be entitled to a full reimbursement of those child care costs
provided that the claim for reimbursement must be made to the
Employer within 2 pay fortnights of incurring the loss.
Casual conversion
A casual Employee who has been rostered on a regular and systematic basis over
26 weeks, (provided that the rostering pattern has not resulted from coverage for
extended absences such as maternity leave, long service leave, workers
compensation leave and extended sick leave), has the right to request conversion to
permanent employment and that request will not be unreasonably refused by the
Employer subject to operational requirements.
14. STAFFING LEVELS
(a) In accordance with the Workload Principles set out at Schedule 4 of this
Agreement, Calvary is committed to ensuring that staffing levels are appropriate, in
order to ensure the delivery of high quality patient care and a safe working
environment for nurses.
It is acknowledged that existing flexibility in respect of staffing will be maintained. The
current practice of staffing based on collaboration between Nursing Administration
and Ward/unit management will continue on a shift basis, taking into account both
occupancy and patient acuity.
(b) Should any nurse or group of nurses in any one ward or unit feel the workloads are
unreasonably heavy, on a regular basis, then they have a responsibility to discuss
their concerns with their nurse manager (Notification Date). The nurse unit manager
shall investigate any issue. If the nurse unit manager is unable to resolve the
workload issue or respond, the issue is to be referred to the Director of Clinical
Services within a period of 7 days from the Notification Date. The Employee may be
represented by any nominated Employee representative which may be a union
representative.
It is the intent of the parties that the issue be initially dealt with as close to the source
as possible, with graduated steps for further discussion and resolution at higher
authority levels where necessary. If the matter is not settled with a reasonable period
of time, the Employee (or their nominated Employee representative) may utilise the
dispute settlement procedure of this Agreement.
(c) Staffing Levels is an agenda item for all unit/ward meetings and is to be reviewed
collaboratively. Such meetings should occur on a regular basis and are the forum to
receive feedback on progress of any particular issue regarding staffing. Rostering
patterns, meal breaks and staff mix are to be reviewed by the team with any
recommendations to address issues to be presented, in writing and with specific
examples, to the Director of Clinical Services.
(d) In determining whether staffing levels are appropriate, factors that should be
considered include (but are not limited to): occupancy, patient acuity, the skill level
of staff, the availability of support staff, patient movements - admissions, discharges
and transfers, the availability of support staff, practice within comparative wards/units
within other Calvary facilities and professional nursing standards and conduct as
determined by the appropriate regulatory authorities.
13Part 4 – Hours of Work and Rostering
15. HOURS OF WORK
The ordinary hours of work for a full-time Employee will be an average of 76 hours
per fortnight or 152 hours over 28 days.
The ordinary hours of work per day will be a maximum of 8 hours, provided that an
Employee and the Employer may mutually agree:
(i) to a maximum of 10 ordinary hours in a day;
(ii) to a maximum of 12 ordinary hours in a day, to be worked in accordance with
Clause 17 of the Agreement.
Rostered Day Off
Each Employee will be free from duty for a minimum of two consecutive days off each
week, except where by mutual agreement between the Employer and the
Employee(s) concerned, alternative arrangements are made.
Span of Hours
(i) The ordinary hours of work for a day worker will be between 6.00am and
6.00pm Monday to Friday.
(ii) A shift worker is an Employee who is regularly rostered to work their ordinary
hours of work outside the ordinary hours of a day worker as defined in (d)(i).
(iii) A day worker may agree to work varied ordinary hours, in accordance with
that of a shift worker. Such agreement will be recorded in writing and may be
terminated by either the Employer or Employee by giving 14 days’ notice,
whereby the Employee will revert to working in accordance with the day
worker span of hours.
Rest breaks between rostered work
(i) An Employee will be allowed a rest break of 9 hours between ordinary shifts.
By mutual agreement, the break may be reduced to 8 hours.
Daylight Savings
Upon the changeover of times as a result of daylight saving in October and April each
year the following shall apply:
(i) Employees shall be paid for actual time worked irrespective of the length of
the shift.
(ii) Employees paid in accordance with subclause (i) are not entitled to claim for
the one hour lost and all time worked shall be paid at applicable penalty rates.
Accrued Day Off Arrangements
(i) A full-time Employee could request to work a nineteen (19) day month, in the
form of one (1) paid day off in every two (2) consecutive fortnightly pay
periods.
14(ii) This would be a matter for discussion with the Employer to reach a mutual
agreement. If there is agreement to implement the 19 day month the
following would apply:
(1) The accrued day off shall be rostered to fall on a day of the week
other than a Saturday or Sunday. The Employer will endeavour to
ensure that the accrued day off is rostered to fall either the day
immediately before or immediately after rostered days off.
(2) Calculation of Allowances - In the calculation of overtime rates,
afternoon and night shift allowances and the additional rates for work
on Saturdays, Sundays and Public Holidays, the hourly rate shall be
calculated at 1/38 of the weekly rate.
(3) Absences on leave without pay - As no paid employment existed, 24
minutes for each day of absence should be deducted from the
accrued day off.
(4) Absence on public holidays and compassionate leave - Days of paid
absence on public holidays and compassionate leave shall count
toward the accrued day off on full pay
Banking of hours:-
(i) A full-time or part-time nursing Employee may, by agreement with their NUM
or Director of Clinical Services:-
(1) Work less than their daily, weekly or fortnightly rostered or contracted
hours and work those hours at a later date; or
(2) Work more than their daily, weekly or fortnightly rostered or
contracted hours and take time off in lieu of payment for the additional
hours worked or set off the additional hours worked against any hours
banked under the sub-clause above. Time off in lieu is dealt with
under clause 21 – Overtime.
(ii) A nursing Employee who works less than her/his rostered or contracted
hours shall nevertheless be paid as if those rostered or contracted hours has
been worked during the roster cycle or contracted period. An Employee may
only work less than their rostered or contracted hours where they have
sufficient banked hours to cover such circumstances.
(iii) Hours banked under this provision will be banked on the basis of their
ordinary time equivalent (for example, two additional ordinary hours will be
banked as two hours, each hour worked on a Saturday will be banked as 90
minutes).
(iv) A nursing Employee may not accumulate more than thirty eight hours in
her/his bank under the sub-clauses in Clause (iii) above at any one time. Any
accrual beyond the specified maximum of 38 hours shall be conditional on
prior approval by the Employer.
(v) Nursing Employees who have accumulated hours to be worked must be
given first option to work additional hours prior to the use of on-call or casual
nursing Employees.
15(vi) A nursing Employee who agrees to work banked hours on a shift on which a
shift allowance is payable shall receive a pro rata allowance for those hours
worked on that shift.
(vii) The Employer must keep proper records of all hours accrued and worked by
each nursing Employee.
(viii) A nursing Employee shall be entitled to full access to her/his record of hours
accrued and worked under this provision.
(ix) Where on termination of employment a nursing Employee has not worked all
her/his banked hours, the Employer may, with the written agreement of the
Employee, deduct monies paid to the Employee for those banked hours for
any entitlements owing to the Employee by the Employer including payment
for accrued annual leave and long service leave at the ordinary rate.
(x) Banked hours will be taken at times mutually agreed between the Employer
and Employee. Provided that where there is no agreement the Employer
may require Employees to take banked hours at certain times to ensure
efficient use of staffing resources.
(xi) Where an Employee is required to make-up hours taken as per (ii) of this sub
clause, those hours may be worked in shifts of up to 10 hours duration by
mutual agreement at ordinary time for the purposes of making-up time up to
ordinary contracted hours for a particular week or roster cycle.
(xii) If the Employee does not agree to work the make-up hours by working a 10
hour shift the hours to be made-up must be worked on some other occasion
as mutually agreed within the 4 week roster cycle. These make up hours
shall be paid at ordinary time.
(xiii) By agreement in writing between the Employer and the Employee, an
Employee may elect to work up to six hours on a particular day or shift without
a meal break.
16. ROSTERS
Employees will work in accordance with a roster fixed by the Employer. In the case
of Day and Shift workers, the roster will be of 28 days duration and will set out
Employees’ daily ordinary working hours and starting and finishing times.
Posting the Roster
The roster will be posted at least:
(i) 4 weeks before the commencement of the roster period.
Change of Roster
(i) Unless the Employer otherwise agrees, an Employee desiring a roster
change will give seven days’ notice except where the Employee is ill or in an
emergency.
(ii) Seven days’ notice of a change of roster will be given by the Employer to an
Employee, provided that in the case of shift workers 4 weeks’ notice will be
provided by the Employer. Except that, a roster may be altered at any time
to enable the functions of the hospital to be carried out where another
16Employee is absent from work pursuant to clauses 48 – Ceremonial leave;
40– Personal/carers’ leave, 41- Compassionate leave and 49 – Leave to deal
with Family and Domestic Violence, or in an emergency. Where any such
alteration by the Employer requires an Employee:
(1) working on a day which would otherwise have been the Employee’s
day off, the day off instead will be as mutually arranged; or
(2) to change a rostered shift to an alternate day or time, which attracts
lower (or nil) penalty rate (Alternate Shift) than the shift originally
rostered (Original Shift), the Employee will be paid for the Alternate
Shift worked at the Original Shift higher penalty rate.
Broken shifts
A broken shift may be worked by mutual agreement between the Employer and the
Employee(s). All work performed in excess of a spread of nine hours shall be paid at
the rate of double time.
17. 12 HOUR SHIFT ROSTER ARRANGEMENTS
Notwithstanding the remaining provisions of this Agreement an Employee may agree
to work under a 12 Hour Shift Roster Arrangements in accordance with this Clause.
(i) Participation in 12-Hour Shift Roster
(1) By mutual agreement an Employee’s ordinary hours may be
extended to a maximum of (12) ordinary hours per day, per shift.
(2) Overtime would not apply for 12 hour shifts unless the Employee
works beyond the 12 hours.
(3) Relevant penalties will apply to all hours worked on a Saturday,
Sunday or Public Holidays.
(4) Day shift will attract the afternoon shift penalties as prescribed in this
Agreement.
(5) Night shift penalties will be as per the Agreement.
(6) Either party may discontinue these 12 hour shift arrangements with
14 days’ notice in writing.
(7) There will be one (1) thirty minute unpaid break and two (2) fifteen
minute paid breaks during the twelve hour shift.
18. SHIFT WORK
Where an Employee works a rostered afternoon or night shift, the Employee will be
paid the following applicable penalty rate in addition to their ordinary rate:
(i) Afternoon shift – 15%;
(ii) Night Shift – 25%
For the purposes of this clause, afternoon and night shift are defined at Clause 3 –
Definitions, of the Agreement.
The shift penalties prescribed in this clause will not apply to shift work undertaken by
17an Employee on a Saturday, Sunday or Public holiday where weekend or public
holiday penalties are payable.
19. SATURDAY AND SUNDAY WORK
Where an Employee is rostered to work ordinary hours:
(i) the major portion of which falls on a Saturday - the Employee will be paid at
the rate of time and a half the ordinary rate for the hours worked for the entire
rostered shift.
(ii) the major portion of which falls on a Sunday - the Employee will be paid at
the rate of time and three quarters the ordinary rate for the entire rostered
shift.
Provided that:
• where shifts commence between 10.00pm and midnight on a Sunday, the
time worked prior to midnight will not be paid at the Sunday penalty rate;
• where the shift commences before midnight on a Saturday and extends into
the Sunday, all time worked on the shift will be paid at the Sunday penalty
rate.
20. BREAKS
Meal Breaks
(i) An Employee who works in excess of 4 hours will be entitled to an unpaid
meal break of not less than 30 minutes and not more than 60 minutes.
Provided that, an Employee engaged to work a shift of six hours or less may
mutually agree with the Employer to forgo the unpaid meal break.
(ii) Where an Employee is required by the Employer to remain available during
a meal break, but is free from duty, the Employee will be paid at the ordinary
rate for the 30 minute meal break. This period will not count as time worked
when calculating ordinary hours for the purposes of overtime or penalties.
(iii) Where an Employee is required by the Employer to perform work or is
recalled to duty during a meal break (Interrupting Work), the Employee will
be paid overtime for all time worked until the meal break (or the balance of
the meal break) is taken. Unless authorised otherwise by the Employer, the
Employee must immediately commence their meal break (or the remainder
of such meal break) upon the conclusion of the Interrupting Work.
Paid Tea Breaks
An Employee will be entitled to a 10 minute paid tea break for a shift of four hours or
more. Such tea break is to be taken at a time mutually agreed time within the shift.
Charges for meals and snacks provided by Employer
The maximum amount that shall be charged or deducted where an Employee
receives a meal or a snack from his/her Employer shall be as provided at Table 3 in
Schedule 2.
Meal break when required to work overtime
Unless the period of overtime is one and a half hours or less, an Employee before
starting overtime shall be allowed a meal break of 20 minutes which shall be paid for
18at ordinary rates. The Employer and an Employee may agree to any variation of this
provision to meet the circumstances of the work in hand provided that no Employee
shall be required to work more than five hours without a break for a meal.
21. OVERTIME
Requirement to work reasonable overtime
(i) Subject to the conditions detailed below an Employer may require an
Employee to work reasonable overtime at overtime rates.
(ii) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours which
are unreasonable having regard to:
(1) any risk to Employee health and safety;
(2) the Employee’s personal circumstances including any family
responsibilities;
(3) the needs of the workplace or enterprise;
(4) the notice (if any) given by the Employer of the overtime and by the
Employee of his or her intention to refuse it; and
(5) any other relevant matter.
(iii) No overtime shall be worked without the prior approval of the Employer
Payment for working overtime
(i) Hours worked in excess of the ordinary hours on any day or shift as
prescribed at clause 15(a) and 15(b), are to be paid as follows:
For a day worker:
(1) Monday to Saturday inclusive - time and a half for the first two hours
and double time thereafter;
(2) Sunday - double time;
(3) Public holidays - double time and one half (paid as an ordinary days’
pay at the ordinary rate plus an additional overtime penalty of time
and a half the ordinary rate).
For a shift worker:
(4) Monday to Sunday– double time.
(5) Public Holidays – at the applicable public holiday penalty rate.
(ii) The overtime penalty rates are applied to the ordinary rate and are in
substitution and not cumulative upon any shift, weekend or public holiday
penalties that would otherwise be payable.
Part-time Employees and Casual Employees
(i) Hours worked by part-time and casual Employees, in excess of the rostered
daily ordinary full-time hours (subject to any agreement to work up to a
19maximum of 12 ordinary hours) will be overtime and will be paid as
prescribed at subclause (b).
(ii) Time worked up to the rostered daily ordinary hours of work (as per (c)(i))
will not be regarded as overtime but:
(1) in the case of a part-time Employee - an extension of the contract
hours for that day;
(2) in the case of a casual Employee – additional ordinary hours;
and will be paid at the ordinary rate.
Time off in lieu of overtime
(i) Provided that where there is agreement between the Employer and the
Employee, the Employee may take time off in lieu of receiving payment for
overtime at a mutually agreed time.
(ii) The Employee may take one hour of time off for each hour of overtime plus
a period of time equivalent to the overtime penalty incurred. The time off must
be taken within 6 months after the overtime is worked. Where such time off
is not taken within 6 months, or upon the termination of the Employee’s
employment, the Employer must pay the Employee for the overtime at the
overtime rate applicable to the overtime when worked.
Rest period after overtime
An Employee (other than a casual Employee) who works so much overtime between
the termination of his/her ordinary work on one day and the commencement of his/her
ordinary work on the next day that he/she has not had at least eight consecutive
hours off duty between those times, shall, subject to this section, be released after
completion of such overtime until he/she has had eight consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
If on the instructions of the Employer such Employee resumes or continues work
without having had such eight consecutive hours off duty he/she shall be paid at
double time until he/she is released from duty for such period and shall then be
entitled to be absent until he/she has eight consecutive hours off duty without loss of
pay for ordinary working time occurring during such absence.
When overtime work is necessary it shall, wherever reasonably practicable, be so
arranged that Employees have at least eight consecutive hours off duty between the
work of successive days.
22. OVERTIME MEAL
An Employee will be supplied with an adequate meal where the Employer has
adequate facilities or be paid an overtime meal allowance as set out at Schedule 2
in addition to any overtime payment as follows:
(i) when required to work after the usual finishing hour of work beyond one hour
or, in the case of shift workers, when the overtime work on any shift exceeds
one hour.
(ii) provided that where such overtime work exceeds four hours a further meal
20will be provided.
Clause (a) will not apply when an Employee could reasonably return home for a meal
within the meal break.
Provided that the Employer will provide a meal for night duty staff in lieu of the
allowance payment set out at subclause (a).
23. CALL ARRANGEMENTS
Rate for being on call
(i) The rate for being on call shall be as set out at Schedule 2 Monday to Friday
and as set out at Schedule 2 for Saturdays, Sundays and Public Holidays.
These rates shall be increased by the same percentage(s) and at the same
time(s) as the percentage(s) that will apply to increases to salary rates as per
clause 24.
(ii) The parties agree that in accordance with operational requirements staff will
be rostered for on call unless agreed otherwise with the respective
Employee.
(iii) Staff who are on call will be afforded two days free of on call duty per week.
This may be averaged over a four week period. The parties acknowledge
that from time to time it may not be possible for staff to have two days free
from on call duty per week.
Call back
(i) Except where otherwise specifically provided an Employee recalled to work
overtime after leaving his/her Employer’s premises (whether notified before
or after leaving such premises) shall be paid at the appropriate overtime rate
applicable to his/her salary:
(1) for the first recall a minimum payment of four (4) hours work; and
(2) for each subsequent recall a minimum payment of three hours work.
(ii) Provided always that time reasonably spent in getting to and from work shall
be regarded as time worked.
(iii) Provided further that an Employee who is recalled to work within two hours
of his or her normal starting time shall be paid at overtime rates with a
minimum payment of two hours at double time and then would be paid at
double time for the first two hours from the commencement of the shift, the
remaining hours of the shift shall then be paid at the ordinary hourly rate of
pay.
Close call
(i) An Employee may be required by the Employer to remain on close call (that
is on call for duty and not allowed to leave the hospital precincts).
(ii) An Employee held on close call shall:
21(1) if not required to commence work be paid a minimum payment
equivalent to six hours at his/her normal salary; or
(2) if required to commence work be paid in accordance with the
appropriate overtime rate, provided that such payment shall be at
least equivalent to the minimum payment set forth in the above.
Part 5 – Wages and Related Matters
24. WAGES
Wage rates, as adjusted the prescribed percentage wage increases, are set out in
Schedule 2 of this Agreement.
Any further wage increase, other than as set out at Schedule 2, shall be at the
discretion of the Employer, unless the rate of pay falls below the Modern Award rate,
in such circumstances the rate of pay shall default to the minimum rate prescribed in
accordance with the relevant Modern Award rate.
25. PAYMENT OF WAGES
Time and interval of payment
(i) Wages will be paid fortnightly.
(ii) When a public holiday falls on a normal pay day wages shall be paid on the
last working day prior to the public holiday.
(iii) The present pay day of payment shall not be varied, except after consultation
with the Employee(s) concerned and an agreed phasing-in period.
Method of payment
(i) Payment of wages shall be by direct bank deposit or some other method
agreed by the Employer, provided that any Employee may nominate which
bank or financial institution shall receive the payment of wages.
(ii) The present method of payment shall not be varied, except after consultation
with the Employee(s) concerned and an agreed phasing-in period.
Statement of wages
(i) On or prior to pay day the Employer shall provide to the Employee,
particulars in writing, including by electronic means, setting out full details of
the wages the Employee is entitled to.
Payment on termination
(i) Where employment is terminated summarily or on the giving of the
prescribed notice all moneys owing shall, where practical, be paid to the
Employee on termination.
2226. OVERPAYMENTS
In the event of an overpayment to an Employee where the overpayment has been
made in one lump sum the following shall apply.
(i) The Employer will negotiate a repayment arrangement with the Employee
(ii) If agreement is reached such agreement will be documented and
implemented.
In the event of an overpayment to an Employee where the overpayment has been
made over an extended period of time the following shall apply.
(i) The Employer will negotiate a repayment arrangement with the Employee
(ii) If agreement is reached such agreement will be documented and
implemented.
In the event of exceptional circumstances the provisions of sub-clause (a) and (b)
may be waived by agreement between the Employer and the Employee.
27. UNDERPAYMENTS
Where an error has been made by the Pay Office or validating Manager:
(i) On request, if the Net amount is greater than $50, an electronic payment will
be made (two pay slips will be issued in the following pay period)
(ii) All other adjustments will be made by an “extra” pay (taxation will not be
affected) in the following pay period. Two pay slips will be issued in the
following pay period.
Where the error was made by the Employee, an “extra” pay will be made in the
following pay period.
28. SUPERANNUATION
Employer contributions
The Employer must make such superannuation contributions to a superannuation
fund for the benefit of an Employee as will avoid the Employer being required to pay
the superannuation guarantee charge under Superannuation Law with respect to that
Employee.
Superannuation Fund
“The Fund” for the purposes of this Agreement shall mean:
(i) HESTA established and governed by a trust deed as may be amended from
time to time, and includes any superannuation scheme which may be made
in succession thereto; or
(ii) Tas Plan; or
(iii) Catholic Super; or (National Catholic Super merged with Catholic Super on
1 April 2010)
23(iv) to another complying superannuation fund.
In addition to the Employer’s statutory contributions to the Fund an Employee may
make additional contributions from their salary, and on receiving written authorisation
from the Employee the Employer must commence making contributions to the Fund
in accordance with the Superannuation Law.
Superannuation fund payments will be made in accordance with the trust fund deeds
and shall be made at a minimum on a monthly basis.
Where an Employee salary packages their wages in accordance with this Agreement
superannuation shall be paid on the pre-packaged wages.
In the event that no fund is nominated by a new Employee, superannuation
contributions will be paid into HESTA on behalf of that Employee (“Default Fund”).
The Default Fund offers a MySuper product.
29. SALARY SACRIFICE/ PACKAGING ARRANGEMENT
Permanent Employees may be able to make voluntary pre-tax contributions or
payments through a written salary sacrifice agreement between the Employer and
the Employee. The Employer will pay the salary sacrifice amount in accordance with
the salary sacrifice agreement.
An Employee may apply to have their ordinary time earnings reduced by an amount
nominated by them as a salary sacrifice contribution for their benefit.
The total value of the reduced salary and the agreed value of the benefits provided
will not be less than the amount that would otherwise be paid if the salary sacrifice
arrangement was not in place. The Employees will be offered the opportunity to
choose from the list of benefits, which will be paid by the Employer, through the
provider of the service, instead of receiving gross salary.
Gross salary is reduced by the amount of the benefits paid by the Employer. The
new gross salary is then subject to PAYG tax.
The Employer will nominate a provider of salary sacrificing services to manage these
arrangements. The cost of the administration of the salary packaging arrangement
is to be borne by the Employee and deducted from the Employee's account each
fortnight.
The Employer shall meet the cost of implementing the administrative and payroll
arrangements necessary for the introduction of salary sacrifice to the Employees
under this Agreement.
All existing entitlements such as superannuation, leave loading, penalties and
overtime etc., will be based on the pre-packaged salary.
The parties recognise the need for Employees to consider independent financial and
taxation advice and recommend that Employees consider such advice prior to
entering into salary sacrifice arrangements.
The Employees covered under this Agreement will have access to salary sacrifice
arrangements subject to the following provisions:
(i) Accessing a salary sacrifice arrangement is a voluntary decision to be made
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